Judiciary-Poetry-Logo
JPoetry

DENIAL OF PARTY TO GIVE FINAL ADDRESS MAY RENDER ENTIRE PROCEEDING VOID

Dictum

In the case of Ndu v. State (1990) 7 NWLR (Pt. 164) 550 at 560, it was held that the hearing of address from counsel before delivery of judgment is an important exercise in the judicial proceedings in our courts and the denial of that right to a party may render the entire proceedings a nullity if a miscarriage of justice occurs. It is my very view that the judgment entered in favour of the respondent against the appellant without the latter closing its case and presenting through its counsel its final address is a serious violation of the appellant’s right to fair hearing, which renders the entire proceedings a nullity. This being the position, it is not necessary to consider whether the damages awarded can be justified.

— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)

Was this dictum helpful?

SHARE ON

AIM OF FILING WRITTEN ADDRESS

It must be realised that the aim of filing written addresses in court, is primarily to save time and obviate unnecessary delay in the administration of justice. The reverse certainly is the end result if an order to file addresses is made and it is insisted that after filing it learned counsel will have to appear to present it viva voce. That obviously cannot be a measure meant to save time and enhance speedy trial.

– GWAR v. ADOLE (2002) JELR 44626 (CA)

Was this dictum helpful?

FINAL ADDRESSES ARE TO ASSIST THE COURT – THEY ARE DISPENSABLE

It was in this light that Supreme Court per Oputa, J.S.C., in Niger Construction limited vs. Okugbeni (1987) 4 NWLR Part 67 pages 787 at page 792; “Addresses are designed to assist the Court. When, as in this case, the facts are straightforward and in the main not in dispute, the trial Judge would be free to dispense with final addresses. Cases are normally not decided on addresses but on credible evidence. No amount of brilliance in a final speech can make up for the lack of evidence to prove and establish or else disprove and demolish points in issue.”

Was this dictum helpful?

FINAL ADDRESS IS AN IMPORTANT STAGE BEFORE JUDGEMENT DELIVERY

There is no gainsaying the fact that the provision donates to litigating parties the right to render final addresses at the closure of evidence and before judgment. Final address connotes “the last or ultimate speech or submission made to the Court in respect of issue before it, before the delivery of judgment. It is the last address before the delivery of judgment”. see Ijebu-Ode L.G. v. Adedeji Balogun & Co. (1991) 1 NWLR (Pt. 166) 136 at 156, per Karibi-Whyte, JSC, Sodipo v. Lemminkainen Oy (1985) 2 NWLR (Pt. 8) 547; Mustapha v. Governor of Lagos State (1987) 2 NWLR (Pt. 58) 539; Kalu v. State (2017) 14 NWLR (Pt. 1586) 522. The caustic effect of denial of addresses to parties vis-a-vis proceedings is wrapped in Ndu v. State (1990) 7 NWLR (Pt. 164) 550, (1990) 21 NSCC (Pt. 3) 505. Therein Akpata, JSC, succinctly, stated: It is generally accepted that the hearing of addresses from counsel before delivery of judgment is an important exercise in judicial proceedings in our Courts. The entire proceedings may be declared a nullity if a counsel is denied the right to address the Court at the close of evidence. See also, Obodo v. Olomu (1987) 3 NWLR (Pt. 59) 111/(1987) 2 NSCC, vol. 18, 824 at 831; Niger Construction Co. Ltd. v. Okugbeni (1987) 11/12 SCNJ 113/(1987) 4 NWLR (Pt. 67) 787; Ayisa v. Akanji (1995) 7 NWLR (Pt. 406) 129; Kalu v. State (supra).

— O.F. Ogbuinya JCA. Stanbic IBTC Bank Plc v. Longterm Global Cap. Ltd. & Ors. (September 20 2021, ca/l/1093/2017)

Was this dictum helpful?

FINAL ADDRESS OF COUNSEL IS ALWAYS RELEVANT

Learned counsel for the respondent had argued that a trial Judge can in certain circumstances dispense with final addresses and that one of such circumstances is where, as in this case, the facts are straightforward and in the main not in dispute. Reference was made to: Niger Construction Company Ltd. v. Okugbeni (1987) 11/12 SCNJ 135 at 139; Donatus Ndu v. The State (1990) 12 SCNJ 50 at 60. Nemi and Ors. v. The State (1994) 10 SCNJ 1. He submitted that in the present case, the facts are straightforward and that the evidence of the plaintiff is undisputed and that addresses in the circumstances would have been a mere formality and that there is nothing to show that the appellantsuffered a miscarriage of justice as a result of the counsel not addressing the court. I have read the cases cited by the respondent’s counsel and it appears to me that those cases are not in line with the current decisions of the Supreme Court and this court as well. This case is not straightforward as the respondent’s counsel had submitted. I must observe that a trial court does not call for addresses just for a fun or as a matter of course. An address is a part and parcel of the trial and its immense and enormous value is unquantifiable and its absence can tilt the balance of the trial court’s judgment as much as the delivery of an address after the conclusion of evidence can. It will be therefore erroneous on the part of the court to hold that a case is straightforward, that an address is not necessary or that even if an address was delivered, that the decision could not be different as this is nothing more than a mere speculation.

— Opene JCA. United Bank for Africa (UBA) v. Samuel Igelle Ujor (CA/C/134/99, 20 FEB 2001)

Was this dictum helpful?

FAILURE TO FILE A FINAL ADDRESS IS NOT FATAL

In Ndu vs. The State (1990) Part 164 page 550, the Supreme Court held that: “The right of address given to a party or his counsel does not confer on him the right to do so at his pleasure. A party or counsel may forget or be taken to waive his right of address if he fails to address when called upon by the Court to do so at the close of evidence. It was further held that there are however occasions when addresses from Counsel are a matter of formality. They may not diminish or add to the strength or weakness in a party’s case. The facts and the law applicable in such cases speak loudly for themselves to require address.”

Was this dictum helpful?

FINAL ADDRESS CANNOT FILL THE PLACE OF EVIDENCE

That counsel in the guise of final address or brief of argument cannot lead evidence to fill any lacuna in his client’s case. He is not permitted to do so … Final addresses, no matter how brilliantly they are couched cannot constitute evidence and they are not intended to be so: NWADAIRO v. SPDC (1990) 5 NWLR (pt.150) 322 at 339; ODUBEKO v. FOWLER (1993) 1 NWLR (pt. 308) 637; ISHOLA v. AJIBOYE (1998) 1 NWLR (pt. 532) 71 at 93 ARO v. ARO (2000) 14 WRN 51 at 56.

— E. Eko, JSC. Lawali v State (2019) – SC.272/2017

Was this dictum helpful?

No more related dictum to show.